| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 9 of 2010 Sri Anjanava Deb,………………………………………………….. Complainant. -V/S- 1. Jatinga Travels, (Represented by its Proprietor, Sri Dopankar Dey) Dr. B. Baruah Road, Ulubari, Guwahati-7. O.P.No.1 2. Kingfisher Airlines Ltd., 35/2 Cunnigham Road, Opp. Canara Bank, Bangalore-560052. O.P No.2. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Sri Prasenjit Deb, Advocate for the complainant. Sri Rudrani Biswas, Advocate for the O.P. No.1 Sri A. Biswas, Advocate for the O.P No.2. Date of Evidence……………………….. 02-08-2011, 01-09-2011 Date of written argument……………… 05-12-2011, 05-08-2015 Date of judgment………………………. 08-12-2017 JUDGMENT AND ORDER Sri Bishnu Debnath, - This case has been brought by Sri Anjanava Deb against Jatinga Travels and Kingfisher Airlines Ltd. for award of compensation because he purchased Air Ticket No.3814932945 on 19-11-2009 for journey from Guwahati to Silchar. The price of the ticket was Rs.2,280/-. The schedule date of journey was on 06-01-2010 by Flight No.IT4569. But on the schedule date the complainant went to Guwahati Airport and got information that the flight had been cancelled 2(two) month prior to the schedule date of journey. He brought the instant case because neither the Kingfisher authority nor the ticket selling Agency i.e. Jatinga Travels inform the fact of cancellation. For which he was compelled to made alternative arrangement by spending Rs.8,470/-only.
- The O.P No.1 is a proprietary firm. Its proprietor Sri Dipankar Dey in his W/S stated inter-alia that the ticket vide PNR-IOLIQK was booked by one Biswaranjan Biswas over telephone and at that time did not provide any mobile number to contact the complainant. Accordingly, his own mobile number was fed with PNR history of ticket at the time of booking. Anyhow, he stated further that the information regarding cancellation of flight of Kingfisher schedule to fly on 06-01-2010 was not inform to the O.P by the O.P No.1 and also it was not available in the portal of the O.P No.1, for which he could not inform the cancellation of flight to Sri Biswaranjan Biswas.
- The O.P No.2 in tis W/S stated inter-alia that as per record the complainant booked Air ticket for flight IT4569 but the flight was withdrawn from the winter schedule and accordingly on 04-01-2010 the said information had been send to through mobile phone No.9854313458 which was feeded in the PNR history of the ticket of the complainant.
- During hearing the complainant examined himself and exhibited 4(four) documents including e-ticket and other relevant documents. Dipankar Dey, the proprietor of O.P No.1 also deposed as D.W-1 and exhibited some documents to establish a fact that he is not authorized agent rather he booked ticket for complainant on behalf of Akbar Travels. The O.P No.2 did not examine any witness. However, after ending evidence the complainant submitted written argument and the O.P No.2 also submitted written argument but O.P No.1 did neither turn up for oral argument nor submit written argument. Heard argument of the complainant and O.P No.2.
- In view of W/S and evidence on record, it is of opinion that the complainant purchased Air ticket for journey from Guwahati to Silchar by Kingfisher Flight IT4569 and ticket purchased from O.P No.1 but the flight had been cancelled. The information regarding cancellation of the flight was not informed to the complainant. It is also evident from evidence on record that the mobile phone No.9854313458 had been fed in the PNR history of e-ticket of the complainant. The said phone number belonged to Dipanker Dey, the proprietor of O.P No.1. The O.P No.2 in the W/S stated that the information regarding cancellation of the flight for scheduled date had been send through aforesaid mobile phone but the complainant deposed he did not receive any information.
- In that aspect the O.P No.1 deposed that he did not get any mobile phone of the complainant at the time of booking the e-ticket, for which his mobile number had been fed in the PNR history of e-ticket of the complainant.
- If that is the real fact then, it is the duty of the O.P No.1 to inform the complainant about the cancellation of the flight but he stated that the information regarding cancellation of flight was not informed to him by Kingfisher Authority for which he could not forward the information to the complainant through Biswaranjan Biswas. He stated that the ticket was booked by Biswaranjan Biswas through telephone and the mobile phone number of Biswaranjan Biswas was available in his system. If that is the fact the O.P No.1 could easily forward the information regarding cancellation of the above mention flight. But in the case he stated that he did not get information of cancellation of flight from O.P No.2 but O.P No.2 stated that the information was given to mobile phone No.9854313458.
- This is a case for consumer affairs. This District Forum is adoption summery procedure to record. Hence, from available evidence and material on record, it is opined that when mobile number of Dipankar Dey, the proprietor of O.P No.1 was fed with PNR of e-ticket of the complainant, so, it is believable and more reliable that the information of cancellation of flight had been send to the above mentioned mobile phone number of the O.P No.1 but the O.P No.1 did not forward the information to the mobile phone No. 94350-71803 to reach to the complainant.
- Hence, in our considered view due to negligence of the Dipankar Dey (the proprietor of O.P No.1) the complainant is suffering with both monetary loss and mental agony. Hence, the O.P No.1 i.e. Dipankar Dey is solely liable to pay compensation of Rs.4,580/- (Rupees Four thousand eighty) only for monetary loss and also liable to pay Rs.8,000/- (Rupees Eight thousand) only for mental agony. He is also liable to pay cost of the proceeding of Rs.2,000/-.
- The total awarded amount of Rs.4,580+8,000+2,000=14,580/- (Rupees Fourteen thousand five hundred eighty) to be paid within 45 days from today. In default, he is to pay interest @ 10% per annum w.e.f. today on the above awarded amount.
- With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under hand and seal of this District Forum on this the 8th day of December, 2017.
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